Dev Praksh Saw @ Deva Sao @ Dev ... vs The State Of Jharkhand
2021 Latest Caselaw 1351 Jhar

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      IN THE HIGH COURT OF JHARKHAND AT RANCHI
              Cr. Appeal (S.J.) No. 212 of 2020

     1. Dev Praksh Saw @ Deva Sao @ Dev Prakash @ Dev
     Prakash Sao
     2. Bunty Kumar Gupta @ Bunti Gupta @ Bunty Sao
     3. Amit Kumar Gupta @ Tunna Gupta @ Tunna Kumar
     Gupta
     4. Bachan Bharti
     5. Dharam Bauri
     6. Dhiren Mukherjee                  .... Appellants

                           Versus
    1. The State of Jharkhand
    2. Smt. Sama Gupta                 ......     Respondents
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CORAM: HON'BLE MR. JUSTICE AMITAV K. GUPTA

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For the Appellant :Mr. Anuraj Kashyap, Advocate For the State :Mrs. Lily Sahay, A.P.P For the Resp. No.2 :Mr. Kalayan Banerjee, Advocate

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06/Dated: 17.03.2021

1. The appeal is directed against the judgment dated 05.02.2020 passed by learned Additional Sessions Judge-IV- cum Special Judge, SC/ST Act, Dhanbad, whereby the prayer for grant of anticipatory bail to the appellants has been rejected C.P. Case No.573 of 2018 corresponding to SC/ST. Case No.19 of 2018 registered under Sections 323, 341, read with Section 34 of Indian Penal Code and Sections 3(i)(r) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989.

2. Heard the learned counsel for the appellants and the vehement objection raised by the counsel for respondent No.2 and learned APP. It appears from Annexure-2, that earlier respondent No.2 had lodged Dhansar P.S. Case No.20 of 2018 dated 18.01.2018 against the appellants. The police was investigating the case and in the meantime, on 21.02.2018, the complaint petition was filed in the court. As per the complaint, there is omnibus allegation against the appellants of abusing and insulting the complainant by her caste name. As per the narration in the complaint petition, the occurrence took place when the complainant, along with other persons, were sitting on dharna demanding their wages, whereas in the FIR it is not mentioned that the complainant was assaulted while sitting on dharna.

Taking into account the omnibus allegation made in the complaint, the appellants are directed to surrender in the court below within four weeks from the date of receipt/production of a copy of this order and in the event of their arrest or surrender they shall be enlarged on bail on their furnishing bail bond of Rs.10,000/- (Rupees Ten thousand only) each with two sureties of like amount each to the satisfaction of the learned Additional Sessions Judge- IV-cum Special Judge, SC/ST Act, Dhanbad in connection with C.P. Case No.573 of 2018 corresponding to SC/ST. Case No.19 of 2018 on the condition as laid down under Section 438(2) Cr.P.C.

4. In the result the appeal is, hereby, allowed.

(AMITAV K. GUPTA, J.)

Tarun/